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R (Carrasco) v Secretary of State for the Home Department [2014] EWHC 3071 (Admin)

DATE: 09 Apr 2014

This case concerned the circumstances in which the Home Secretary is obliged to depart from her policy that successful 'legacy' immigration cases should be granted a maximum of 3 years' discretionary leave to remain. Jay J. held that in circumstances where an earlier decision not to grant leave to remain had been made before the adoption of this policy in July 2011 was acknowledged to have been wrong and was followed by a post-July 2011 decision to grant leave to remain, it would be Wednesbury unreasonable to apply the July 2011 policy to the second decision. 

Charles Banner appeared for the Secretary of State for the Home Department, instructed by the Treasury Solicitor.